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Energy Firm passed my data on

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Comments

  • I hope you're not totally relying on the ICO ruling if you take this to court.

    Noooo ..... but that does strengthen any case. It proves the company was negligent with its data protection procedures. I was impacted as a result.

    So yes, it would take more than the ICO ruling. That just proves that there was a breach.
  • bandana22 wrote: »
    Personally I think there was distress ....... actually I know there was .... I felt it. How much is that distress worth? That's the issue.


    What distress have you suffered and how can you demonstrate that?
  • bandana22 wrote: »
    Noooo ..... but that does strengthen any case. It proves the company was negligent with its data protection procedures. I was impacted as a result.

    So yes, it would take more than the ICO ruling. That just proves that there was a breach.


    Not quite, it shows there was more likely then not a breach. It would be upto the court to decide.
  • What distress have you suffered and how can you demonstrate that?

    Not sure how I would demonstrate that on the forum ........

    But if you look at some of my earlier posts I have referred to the concern of dealing with the issue which took a number of weeks and during that time I simply did not know the extent of this data breach or the implications of it.

    Now the skeptical among you will think ... so what .... just a load of bull to make a case.

    Believe me, you don't want to be in a situation having debt collectors chasing you and having no idea why. So, if you were measuring distress on a scale of 0 - 10, 0 being zero distress I would argue the situation is somewhere on the scale above 0 for most people ..... now you, for instance, might be a totally cool dude that would have remained at 0 on the scale during the whole debacle ..... in which case I'm not as cool as you.
  • Not quite, it shows there was more likely then not a breach. It would be upto the court to decide.

    Not sure where you are coming from here ..... the ICO ruled there WAS a breach. Nothing more to decide on that.
  • bandana22 wrote: »
    Not sure how I would demonstrate that on the forum ........

    But if you look at some of my earlier posts I have referred to the concern of dealing with the issue which took a number of weeks and during that time I simply did not know the extent of this data breach or the implications of it.

    Now the skeptical among you will think ... so what .... just a load of bull to make a case.

    Believe me, you don't want to be in a situation having debt collectors chasing you and having no idea why. So, if you were measuring distress on a scale of 0 - 10, 0 being zero distress I would argue the situation is somewhere on the scale above 0 for most people ..... now you, for instance, might be a totally cool dude that would have remained at 0 on the scale during the whole debacle ..... in which case I'm not as cool as you.


    Well you need to work out a way to demonstrate it to the court incase they agree there has been a breach.
  • Well you need to work out a way to demonstrate it to the court incase they agree there has been a breach.

    So let me try this again ..... there WAS a breach .... so says the ICO.

    Are you with me now?

    ICO ruled there was a breach. Are we on the same sheet here now?

    Breach definitely happened ... so ruled the ICO.

    Therefore court does not decide if there was a breach. They decide if I was sufficiently impacted to be awarded any compo ....

    Now that's all cleared up.... I'm off for a nice juicy steak .....

    Have a good night one and all .... much as I would like to stay here and chat further .... you guys versus juicy steak ..... hmmmm ... let me think about that one ......

    yup ... steak wins .... I'm gone.
  • bandana22 wrote: »
    So let me try this again ..... there WAS a breach .... so says the ICO.

    Are you with me now?

    ICO ruled there was a breach. Are we on the same sheet here now?

    Breach definitely happened ... so ruled the ICO.

    Therefore court does not decide if there was a breach. They decide if I was sufficiently impacted to be awarded any compo ....

    Now that's all cleared up.... I'm off for a nice juicy steak .....

    Have a good night one and all .... much as I would like to stay here and chat further .... you guys versus juicy steak ..... hmmmm ... let me think about that one ......

    yup ... steak wins .... I'm gone.

    Before getting all funny, I would check what you are saying ;)

    According to the ICO:
    Can the Information Commissioner help me with my court case?

    You can make a complaint to the ICO and we will give you our opinion on whether data protection law is likely or unlikely to have been breached. You can give the court our letter as evidence, but ultimately the court will make its own decision. The court’s decision may not agree with the ICO’s opinion.
  • Don't take it the wrong way, but this is a bit like reading a law student's assignment. We all know if you get it to court it'll be down to the judge on the day to decide, and we all know you may win but get awarded nothing, or less than £50 or more than £50.


    You've tried to get them to increase their offer, they've deadlocked it. You're unhappy.


    Send them a letter before action (or whatever it's now called) and if they don't offer you more, issue a claim against them. As suggested above, make sure you can provide evidence of your distress.


    You aren't going to get any further debating the merits on here. Our views are probably mostly irrelevant anyway. Use the time to draft a LBA.
  • Don't take it the wrong way, but this is a bit like reading a law student's assignment. We all know if you get it to court it'll be down to the judge on the day to decide, and we all know you may win but get awarded nothing, or less than £50 or more than £50.

    You've tried to get them to increase their offer, they've deadlocked it. You're unhappy.

    Send them a letter before action (or whatever it's now called) and if they don't offer you more, issue a claim against them. As suggested above, make sure you can provide evidence of your distress.


    You aren't going to get any further debating the merits on here. Our views are probably mostly irrelevant anyway. Use the time to draft a LBA.

    Or according to the ICO:
    You should also bear in mind that the court can award costs to you or against you in certain circumstances. For example, if you fail to demonstrate you have suffered damage or distress, the court will not award you compensation and could order you to pay the other party’s costs.
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